Gibraltar-Caddell, a Joint Venture

Material Facts

• The Army Corps of Engineers partially terminated Gibraltar's task order for design and construction of border structures.
• Gibraltar submitted and revised a termination settlement proposal in response to government concerns about inadequacy.
• The government submitted Gibraltar's termination settlement proposal to auditors.
• Gibraltar submitted termination settlement proposals and ratification materials for multiple subcontractors.
• The government's audit of Gibraltar was delayed and was not provided to Gibraltar until October 2, 2025.
• The parties made little or no further progress on Gibraltar's proposal and the related subcontractor proposals.
• Gibraltar requested negotiation or mediation in August 2025, and the government declined.
• The government declined a further negotiation request in October 2025.
• Gibraltar's certified claim sought costs incurred by Gibraltar and its subcontractors.
• The contracting officer denied Gibraltar's certified claim.

Parties

Appellant

Gibraltar-Caddell, a Joint Venture

Respondent Agency

Army Corps of Engineers

Contracting Agency

Army Corps of Engineers

Contract Number

W9126G-19-D-0022